Losing contact with your spouse can make divorce feel impossible, especially when you have no idea where to send the court papers. In Massachusetts, however, not knowing where your spouse is does not necessarily stop you from filing for divorce. Here is what you may need to do to keep the process moving.
Try to locate your spouse first
You generally need to make a genuine effort to find your spouse before asking the court to let you use another method of service. You may need to check their last known address, contact information, workplace or other places where you reasonably believe you could locate them. The court will want more than a statement that you do not know where your spouse is, so the steps you take to search for them can matter.
Ask the court for another way to give notice
If you still cannot find your spouse, you may ask the court to let you serve the divorce papers another way. Depending on the circumstances, the court may allow you to give notice through publication or another method it considers appropriate. You cannot simply choose an alternate method on your own. The court must first approve how you will provide notice.
Follow the court’s instructions carefully
Once the court approves an alternate method of service, you need to follow its instructions exactly. The order may tell you where to publish the notice, whether you need to mail anything to a last known address and what proof you must provide afterward. Missing one of those requirements can create another problem when you are already trying to get the case moving.
Do not let an unknown address end the process
Not knowing where your spouse is can complicate a divorce, but it does not automatically leave you stuck in the marriage. If you have lost contact and are unsure how to meet the court’s requirements, speaking with a divorce attorney can help you understand what steps make sense in your situation. An unknown address can complicate the process, but it does not always have to stop it.
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